DEPARTMENT OF CIVIL SERVICE
Section 8-102. Department of Civil Service
Section 8-103. Civil Service Commission
Section 8-104. Director's Functions
Section 8-105. The Classified and Unclassified Service
Section 8-106. Appointments and Promotions in Classified Service
Section 8-107. Adoption and Content of Rules and Regulations
Section 8-108. Classification
Section 8-109. Promotions
Section 8-110. Pay Plan
Section 8-111. Appeals
Section 8-112. Prohibitions
Section 8-113. Penalties
Section 8-114. Appropriations
Section 8-101. Effective Date of This Article.
This Article shall have effect only in the absence of an applicable State law upon the same subject matter. The members of the Civil Service Commission serving on the day prior to the effective date of this Article shall complete the terms for which they were appointed and shall serve as members of the Civil Service Commission established by this Article.
Section 8-102. Department of Civil Service.
The Department of Civil Service shall consist of a Civil Service Commission, a Director of Personnel, and the employees subordinate to the Director. The Department shall be a part of the Executive Branch.
Section 8-103. Civil Service Commission.
(1) Creation, Membership and Appointment:
(a) The Commission shall consist of three seven members who shall be electors of and domiciled in the City. appointed by the Mayor with the approval of the Council for terms of six years, provided that one of the first members shall be appointed for a term of two years, one for a term of four years, and one for a term of six years.
(b) One member of the Commission shall be appointed by the Mayor with the approval of the Council. One member shall be appointed by the Mayor from a list of three persons submitted by the President of Loyola University of the South, at New Orleans. One member shall be appointed by the Mayor from a list of three persons submitted by the President of the Tulane University of Louisiana. Whenever the term of a member of the Commission expires or a vacancy otherwise occurs, the Mayor shall appoint his successor in the same manner as the original appointment was made. The presidents shall make such nominations within thirty days after any vacancy occurs, and appointments shall be made by the Mayor within thirty days after nominations have been submitted. Should the Mayor fail to appoint within thirty days, the first named nominee shall automatically become a member of the Commission. Should the limitation of choice of the Mayor be declared unconstitutional, the Mayor shall appoint all members of the Commission with the approval of the Council. The presidents or chancellors of Dillard University, Loyola University, Tulane University of Louisiana, University of New Orleans, Southern University of New Orleans, and Xavier University, after giving consideration to representation of all groups, each shall nominate three persons. In addition, the employees in the classifed service of the City shall nominate three persons in the classified service of the City by means of an election called for that purpose and conducted in accordance with procedures specified by the rules of the commission. The City Council shall appoint one member of the commission from the three persons nominated by each nominating authority. If the Council fails to make an appointment within thirty days of receipt of a nomination, the nominee whose name is first on the list of nominees automatically shall become a member of the Commission.
(c) Each member shall be known to be in sympathy with the merit principle as applied to public employment; shall neither hold nor be a candidate for nomination or election to any other public office or position of trust or emolument, notary public or office in the military or naval forces excepted. Each member shall take the oath of office before entering upon his duties, which oath shall include a statement of belief and desire to support the principles of the merit system. No member shall be or have been, during the period of six months immediately preceding his appointment, a member of any local, state or national committee of any political party or an officer or member of any committee in any partisan or factional club or organization. A vacancy shall be filled by appointment in accordance with the procedure for the original appointment and from the same source. Within thirty days after a vacancy occurs or, in the case of the classified employee serving on the Commission, within ninety days after a vacancy occurs, the university president or chancellor concerned or the classified city employees shall submit three required nominations. Within thirty days thereafter, the City Council shall make the appointment. If the City Council fails to appoint within the thirty days, the nominee whose name is first on the list of nominees automatically shall becoome a member of the Commission. If one of the nominating authorities fails to submit nominees in the time required or if one of the named institutions ceases to exist, the City Council shall make the appointment.
(d) A member of the Civil Service Commission may be removed by the City Council, for cause, after being served with written specifications of the charges against said member and being afforded an opportunity for a public hearing thereon by the City Council.
(2) Functions.
The Commission shall:
(a) Appoint the Director, after competitive examination, who shall be in the classified service.
(b) Adopt classification plans, pay plans, and rules and regulations, and any amendments thereto after public hearing.
(c) Hear and dispose of appeals as provided in this Article.
(d) Advise the Mayor, the Chief Administrative Officer, the Director and any other officer of the City concerning personnel matters.
(e) Have the right to remove the Director for cause, after charges have been preferred against him the Director and he the Director has been provided a reasonable opportunity to be heard with respect to them and to produce evidence with respect thereto.
(f) Investigate and publicly hear any written charges brought by any person if filed within sixty days after the alleged violation of any provision of this Article or rules and regulations adopted thereunder.
(g) Order the withholding of compensation from any person found to be employed contrary to the provisions of this Article or rules and regulations adopted thereunder. Such order shall be directed to the appointing authority employing such person and said officer shall withhold payment of compensation to such person until authorized by the Commission, under the penalty of personal liability for any sum paid contrary to the order of the Commission, and under such other penalties as may be provided.
(h) Approve or disapprove, after receiving the recommendations of the Director, any agreements entered into between the City and any political subdivision or public body of the State to furnish the services and facilities of the Department to it in the administration of its personnel. Any such agreement shall provide for reimbursement to the City of the reasonable cost of the services and facilities furnished.
(i) Be vested with broad and general rule-making and subpoena powers for the administration and regulation of the classified service, including the power to adopt rules for regulating employment, promotion, demotion, suspension, reduction in pay, removal, certification, qualifications, political activities, employment conditions, layoffs, compensation and disbursements to employees, and other personnel matters and transactions; to adopt a uniform pay and classification plan; to require an appointing authority to institute an employee training and safety program; and generally to accomplish the objectives and purposes of the merit system of civil service as herein established. It may make recommendations with respect to employee training and safety. No rule, regulation, or practice of the Commission or Department or any official of the city shall favor or discriminate against any applicant or employee because of membership or non-membership in any private organization; but this shall not prohibit the City or any agency thereof from contracting with any employee organization with respect to wages, hours, grievances, working conditions, or other conditions of employment in a manner not inconsistent with this Charter, applicable state or municipal law, or valid rule or regulation of the Commission.
Section 8-104. Director's Functions.
The Director shall:
(1) Head the Department and, with the approval of the Commission, appoint such employees and other persons as may be necessary.
(2) Conduct competitive entrance and promotional examinations for appointments in the classified service limited to persons of good moral character.
(3) Give wide publicity to all announcements of competitive examinations.
(4) Prepare and recommend to the Commission appropriate rules and regulations.
(5) Prepare, and upon adoption by the Commission, install and maintain classification plans based on the authority, duties and responsibilities of positions in the classified service.
(6) Prepare and recommend pay plans for employees in the classified service.
(7) Establish and maintain a service record of all appointed officers and employees of the City.
(8) With the approval of the Commission, require an appointing authority to institute an employee training and safety program.
(9) Investigate the operation and effect of the personnel provisions of this Charter and rules and regulations promulgated thereunder, and report publicly his findings and recommendations to the Commission and to the Mayor.
(10) Examine the payrolls of every office, department or board from time to time, but not less than semi-annually, to ascertain if the persons who names appear thereon have been appointed and are being compensated in accordance with the provisions of this Charter.
(11) Perform such other functions as he the Director or the Commission may deem proper to enforce the provisions of this Article.
(12) Cooperate, when authorized by the Commission, with governmental agencies of other jurisdictions charged with personnel administration in conducting joint tests and establishing lists from which eligibles shall be certified for appointment and promotion in accordance with the provisions of this Article.
Section 8-105. The Classified and Unclassified Service.
The Civil Service of the City shall be divided into the unclassified and classified
service:. Persons not included in the unclassified service are in the classified service.
(1) The following shall be in the unclassified service:
(a) Officers elected by the people, and persons appointed to fill vacancies in elective offices.
(b) The Chief Administrative Officer, and all department heads except the Director of Personnel.
(c) One principal assistant or deputy and one stenographer person holding a confidential position for the Chief Administrative Officer, for each department head except the Department of Civil Service, for the Council, and for each elected officer, board ,authority, and commission established or recognized by this Charter.
(d) Employees in the office of the Mayor and City Attorney.
(e) Members of boards and advisory committees.
(f) Attorneys. Bona fide students of schools employed by municipal agencies.
(g) Railroad employees whose working conditions and retirement benefits are regulated by federal agencies in accordance with federal law.
(2) All other positions now existing or hereafter created shall be in the classified service. Additional positions may be added to the unclassified service and may be revoked by rules adopted by the Commission.
(3) The provisions and requirements of this Article as to methods of filling vacancies, establishment of promotional lists and employment lists, eligibility and original entrance competitive tests may be waived by the Commission in its discretion in whole or in part in case of original appointment for unskilled labor. Such laborers may be selected and appointed by the appointing authority under the rules and regulations of the Commission. Any such employee shall acquire permanent status in the classified service if such employee passes a satisfactory work test prescribed by the Director.
Section 8-106. Appointments and Promotions in Classified Service.
Permanent appointments and promotions in the classified service shall be made only after certification by the Department under a general system based upon merit, efficiency, and fitness and length of service as ascertained by examinations which, so far as practicable, shall be competitive, and all positions in the classified service shall be filled from those eligible under such certification.
Section 8-107. Adoption and Content of Rules and Regulations.
(1) Adoption. Within six months after the appointment of the first director under this Article, he shall prepare and recommend to the Commission rules and regulations to carry out the provisions of this Article. After a public hearing thereon, the Commission may adopt or reject the rules and regulations wholly or in part, or may modify them and adopt them as so modified. The Civil Service rules and regulations in effect on the day prior to the effective date of this Article shall remain in effect and be continued until amended or repealed by the Commission. The Commission shall have power to amend or repeal the rules and regulations on the recommendation of the Director or on its own initiative, subject to the requirement of a prior public hearing with respect to each such proposed modification.
(2) Content. The rules and regulations shall:
(a) Regulate employment, promotion, removal, qualifications and other personnel matters.
(b) Provide for the filling of vacancies in the classified service by demotion, transfer, reinstatement, reemployment, promotion, original appointment or temporary appointment.
(c) Provide for the establishment, maintenance, consolidation and cancellation of eligible lists and the removal of names therefrom.
(d) Regulate employment conditions.
(e) Establish requirements of desirable training, experience and other qualifications of applicants.
(f) Establish work test periods of not less than six nor more than twelve months before appointees acquire permanent status as classified employees.
(g) Contain uniform provisions covering the method and manner of conduction examinations; leaves of absence; layoffs; reinstatements; transfers; abolition of positions; promotions on a competitive basis, except where the Commission finds it impracticable; sick and annual leaves; hours of work; on the job training programs; and a uniform service rating system, including the manner in which ratings are to be used in promotions, salary increases, suspensions and separations.
(h) Fix the procedure and the time within which appeals must be taken and heard.
(i) Provide, in the discretion of the Commission, for compliance with standards established by any federal agency as a condition precedent to the receipt of federal funds.
(j) Establish the method of certification of eligibles for appointment or promotion; provided that appointing authorities shall be entitled to the certification of not less than three eligibles for each vacancy, except that if more than one vacancy is to be filled, an additional eligible shall be certified for each additional vacancy; and except that special and different rules and regulations may be established for reemployment lists and reinstatements; and establish emergency, provisional or conditional appointments, or appointments for a limited period where status in the classified service is not obtained and certification is not required.
(k) Provide the extent to which preference shall be given in appointments and promotions to persons domiciled in the City or residents of the City; to persons honorably discharged or discharged under honorable conditions from the armed forces; to the unremarried widows of such persons; and to disabled veterans or the their wives when the veterans are unable to work. Such preferences shall be given only to persons who have met the minimum requirements imposed for each test and have received at least the average rating required for eligibility.
(l) Define and prohibit political activities in addition to those specifically prohibited by this Article.
Section 8-108. Classification.
(1) The Director shall, with the approval of the Commission, allocate each position in the classified service to the appropriate class therein on the basis of authority, duties and responsibilities. Thereafter, as new positions are created or additional classes established, or existing classes are divided, combined, altered or abolished, the Director shall make proper allocations or reallocations of positions to new or existing classes.
(2) Class titles shall be used to designate positions in all official records, documents, vouchers and communications, and no person shall be appointed to or employed in a position in the classified service under any title which has not been approved by the Director.
(3) Any employee affected by the allocation or reallocation of a position, or by any changes in the classification plan, shall be afforded a reasonable opportunity to be heard by the Director and by appeal to the Commission.
Section 8-109. Promotions.
Vacancies in positions in the classified service of the City shall, as far as practicable, be filled by promotion after competitive tests from lower classes. A change from a position from one class to another with a higher maximum rate of pay shall be considered a promotion.
Section 8-110. Pay Plan.
Employees in the classified service may be compensated only in accordance with a pay plan recommended by the Commission and adopted by the Council. Such plan shall include minimum, maximum and intermediate rates steps for each class. Amendments to a pay plan may be adopted by the Council when recommended by the Commission. Any rule or determiniation of the Commission affecting wages or hours shall have the effect of law and become effective only after approval by the Council.
Section 8-111. Appeals.
(1) Any person aggrieved by action contrary to the provisions of this Article may appeal to the Commission for redress pursuant to its rules and regulations.
(2) In the conduct of investigations or hearings, any member of the Commission or the Director shall have the power to administer oaths, subpoena witnesses and compel the production of pertinent books and papers.
(3) If the Commission, after a hearing, orders a dismissed or suspended employee reinstated, it may reinstate such employee under such conditions as it deems proper, and may order full pay for lost time.
Section 8-112. Prohibitions.
(1) Prohibited Political Activities.
(a) Promotion, demotion or action on account of political or religious affiliation prohibited. No person shall be appointed or promoted to, or dismissed from any position in the classified service, or in any way favored or discriminated against with respect to his employment because of his political or religious opinions or affiliations.
(b) Payment of Political Contributions by Classified Employees Prohibited. No employee in the classified service and no member of the commission shall directly or indirectly pay or promise to pay any assessment, subscription or contribution for any political organization or purpose, or solicit or take any part in soliciting any such assessment, subscription or contribution. No appointing authority, or agent or deputy thereof, or supervisor of any employee shall solicit any such assessment, subscription or contribution of any employees in the classified service.
(c) Political Coercion by Appointing Authorities and Others Prohibited. No appointing authority, or agent or deputy thereof, or supervisor of any employee, shall directly or indirectly demote, suspend, discharged or otherwise discipline or threaten to demote, suspend, discharge or otherwise discipline any person in the classified service for the purpose of influencing his vote, support, or other political activity in any election or primary election; and no person shall use his official authority or influence, by threats, promises or other means, directly or indirectly, to punish or coerce the political action of any employee in the classified service.
(d) Membership in Political Organizations Prohibited. No employee in the classified service nor member of the Commission shall be a member of any national, state, or local committee of a political party, or a candidate for nomination or election to any public office, or shall make any political speech or public political statement as a part of any political campaign for election of public officers, or shall take any part in the management of affairs of any political party or in any political campaign, except to exercise his right as a citizen to express his opinion privately and to cast his vote. An employee in the classified service may be a member of a factional political club or organization, but shall not be an officer nor a member of a committee thereof. This shall not prohibit any classified employee from serving as a commissioner or official watcher, nor shall it prohibit him from serving out any term to which he has been elected prior to the effective date of this Charter.
(b) Party Membership; Election. No member of the commission and no officer or employee in the classifed service shall participate or engage in political activity; be a candidate for nomination or election to public office except to seek nomination as the classifed City employee serving on the City Civil Service Commission; be a member of any national, state, or local committee of a political party or faction; make or solicit contributions for any political party, faction, or candidate; or take active part in the management of the affairs of a political party, faction, candidate, or any political campaign, except to exercise the right as a citizen to express an opinion privately, to serve as a commissioner or official watcher at the polls, and to vote as desired.
(c) Contributions. No person shall solicit contributions for political purposes from any classified employee or official or use or attempt to use a position in the city service to punish or coerce the political action of a classified employee.
(d) Political Activity Defined. As used in this Article, "political activity" means an effort to support or oppose the election of a candidate for political office or to support a particular political party in an election. The support of issues involving bonded indebtedness, tax referenda, or constitutional or City Charter amendments shall not be prohibited.
(2) Other Prohibited Activities.
(a) False Statements and Fraud Prohibited. No person shall make any false statement, certificate, mark, rating or report with regard to any test, certification or appointment made under any provision of this Article nor commit or attempt to commit any fraud preventing the impartial execution of this Article and of the rules and regulations adopted hereunder.
(b) Consideration for Advantage Prohibited. No persons shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other thing of value to obtain any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position in the classified service.
(c) Elected officers prohibited from classified position. No person holding any elective public office shall hold a position in the classified service.
(d) Demotion or dismissal of employees. No classified employee of permanent status shall, except for cause, be disciplined, demoted or dismissed.
Section 8-113. Penalties.
(1) Any person who shall wilfully fail to appear in response to a subpoena or fail to answer any questions or fail to produce any books or papers pertinent to any investigation or hearing by the Commission shall be guilty of a misdemeanor.
(2) If any member of the Commission or any employee in the City service shall wilfully refuse or fail to appear before the Commission, or any officer authorized to conduct any hearing or inquiry, or having appeared shall refuse to testify or answer any question relating to the affairs or government of the City, or the conduct of any officer or employee of the City on the ground that his the testimony or answers would tend to incriminate him the party called to appear or testify, or shall refuse to waive immunity from prosecution on account of any matter about which he the party called to appear or testify may be asked to testify at any such hearing or inquiry, he the party shall forfeit his office or position and shall not be eligible thereafter for appointment to any position in the City service.
(3) If at a public hearing following written charges of the violation of any provision of this Article or any rules or regulations adopted thereunder, the Commission should determine that any employee has wilfully violated any provision of this Article, or of rules or regulations adopted thereunder, the Commission may direct the appointing authority to dismiss such employee and such employee shall be dismissed.
(4) Any person who wilfully violates any provision of this Article or of the rules or regulations issued thereunder shall be guilty of a misdemeanor, and shall upon conviction be punished by a fine of not less than one hundred dollars, nor more than one thousand dollars, or by imprisonment for a term of not less than one month nor for more than six months, or by both such fines and imprisonment.
(5) In addition to the penalties hereinabove provided, the Commission may render an order that any person who has violated any provision of this Article shall not be eligible for employment in the City service for a period not exceeding ten years.
Section 8-114. Appropriations.
The City shall make adequate annual appropriations to enable the civil service commission and department to implement this Article efficiently and effectively.